Wisconsin's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for Wisconsin (Wis. Stat. § 218.0171). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New cars, trucks, motorcycles and motor homes, including demonstrators, bought, leased or delivered in Wisconsin, with a defect that seriously harms use, value or safety.

Rights period: The defect must appear in the first year of use and before the warranty expires. If you end up suing, the lawsuit must be started within 36 months of the car's first delivery (§ 218.0171(7)(a)); there is no separate, longer deadline.

When it is presumed a lemon

The dealer failed 4 times to fix the same defect, or the car was out of service 30 days or more because of defects, within that same period. “Out of service” also counts days the car is in your hands, if the defect affects use or safety and has already been through 2 repair attempts (§ 218.0171(1)(g)).

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

You send the manufacturer notice MV2691 with copies of every repair order (WisDOT recommends mail with return receipt). The manufacturer has 30 days to agree in writing to a replacement (delivered by day 45; day 120 for a vehicle over 10,000 pounds) or to pay the refund. If it refuses, you can use its arbitration program, free; if that program meets state requirements, you must use it before suing. After that, a lawsuit in court: if you win, the court awards your pecuniary loss plus costs and reasonable attorney fees (§ 218.0171(7)(a)); the law no longer doubles damages. If a party fails to cooperate, the court may cut what that party is awarded (§ 218.0171(7)(b)). WisDOT gives information but does not resolve claims.

Who handles it: WisDOT — Dealer & Agent Section (Lemon Law Program).

Hotline: (608) 267-3635 · DealerLicensingUnit@dot.wi.gov.

What you get if you win

Refund of the full price plus tax, finance charges and collateral costs, minus a use allowance of up to (miles at first report ÷ 100,000) × price — for a motorcycle the divisor is 20,000, so the allowance is five times larger; or a comparable new vehicle.

What it does not cover

Used cars; cars bought or delivered outside Wisconsin, including an online purchase delivered out of state; mopeds, semitrailers and trailers designed for use with a truck or truck tractor (§ 218.0171(1)(d)). The law covers only vehicles that must be registered for road use, so ATVs/UTVs, snowmobiles and boats fall outside it. Defects caused by abuse, neglect or unauthorized changes do not count either (§ 218.0171(1)(f)). It does cover motorcycles, heavy trucks over 10,000 pounds and demonstrators.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In Wisconsin: At a dealer, a used car carries the Wisconsin Buyers Guide with known problems, brands and warranty; the dealer must list problems it should reasonably have found through a visual inspection and test drive, and you are entitled to the car in that condition. "As is" means no warranty, but the duty to disclose remains. There is no 3-day right to cancel at the dealership. Complaints: WisDOT Dealer & Agent Section, (608) 266-1425, form MV2338. In a private sale you do not get those protections, except brand disclosure on the title.